Jurkowska gomulka - cars activity report 2009


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Jurkowska gomulka - cars activity report 2009

  1. 1. A C T I V I T I E S O F C A R S CARS Activity Report 2009I. General information In the third year of its activities CARS primarily pursued the goals prescribed in itsfounding documents. The Centre was particularly active in the publishing department;it cooperated on a major research project, held an open PhD seminar and organizeda training course – all activities that proved successful in previous years. Without a doubt, the Centre’s greatest achievement of 2009 was the publication ofthe first volume of its Yearbook of Antitrust and Regulatory Studies (YARS) – CARS’sfirst English-language publication meant to introduce foreign readers to the law,enforcement practice, and jurisprudence of antitrust and sector specific regulationin Poland. At the same time, the fourth book was published by the Centre within theframework of its publication series Studies and Monographs on Antitrust and Regulation.The year 2009 also saw the conclusion of an extensive publishing project in which manymembers of CARS participated very actively over the last year: C.H. Beck’s publicationof the Commentary on Competition and Consumer Protection Act edited by the Centre’sDirector, Professor Tadeusz Skoczny. Considering its outside relations, CARS initiated in 2009 the signing of a co-operation agreement between the Faculty of Management of the University of Warsawand the State Enterprise ‘Polish Airports’. This agreement became the basis for theimplementation, by experts of both institutions, of a research project entitled ‘Airportservices in the European Union and in Poland – competition law and regulations’.Furthermore, an interesting PhD seminar was held at the Centre on procedural fairnessin antitrust proceedings, among others, which has gathered many distinguished Polishjudges and scholars. CARS was also contracted to organize a training program on theapplication of competition rules for a major Polish oil company. From an organizational point of view, a library catalogue has been created toaccompany CARS’s continuing efforts to enlarge its library collection. The number ofon competition and regulation volumes, both Polish and foreign, has reached around200 items in the course of 2009.II. PhD seminars CARS’s PhD seminars are organized in the form of a discussion forum concerninga relevant antitrust or regulatory thesis presented by a chosen speaker. They areVol. 2010, 3(3)
  2. 2. 340 ACTIVITIES OF CARSopen to the wider public and the speaker does not necessarily have to be a CARSmember. Outside guests are always invited to participate in the seminars originatingfrom relevant public authorities or the judiciary as well as from the private sphere.CARS’s PhD seminars are centered around a debate on substantive researchproblems or methodological issues connected to the draft PhD dissertation of thespeakers. The 2009 PhD seminar was held on 14 May. It focused on the draft dissertationprepared by Maciej Bernatt with Professor Andrzej Wróbel, a distinguished judge ofthe Polish Supreme Court, acting as co-speaker and moderator. The seminar focusedon the theoretical and constitutional standard of a ‘procedural fairness pattern’ thatshould be used by legislators when formulating procedural rules to be applied inthe proceedings before every public body including, among others, the antitrustauthority and sector specific regulators. The debate considered the entire catalogueof fundamental values that define the pattern of procedural fairness covering: theright to be heard, due process and equal access to process, protection of ownershiprights, judicial control of administrative decisions, and impartiality and independenceof the ruling body. The seminar gathered several judges of the Polish Supreme Court,Supreme Administrative Court, Constitutional Tribunal and academics specializing inadministrative procedures. Aside from the aforementioned open PhD seminar, Prof. Tadeusz Skoczny hasalso been consulted by a number of PhD candidates on the progress of their researchprojects prepared under CARS’s overview.III. Publications1. Yearbook of Antitrust and Regulatory Studies (YARS) The first volume of YARS was published in January 2009. This fully English-language periodical includes: academic articles (among them a guest paper preparedby a distinguished representative of the international antitrust or regulatory doctrine),reviews of Polish antitrust and regulatory legislation, a review of EU case lawconcerning Poland in the antitrust and regulatory field as well as case-comments onkey Polish judgments in this areas, book reviews, reports on Polish events dedicated tocompetition or regulation, and a list of Polish writings on competition and regulationfrom the preceding year. The yearbook was distributed among both Polish and foreign institutions specializingin the research on competition protection and regulation from both the economic aswell as legal perspective. The first volume of YARS has generated a great degreeof interest from its readers, illustrated by a growing number of proposals for futurearticles as well as the fact that a number of polemics were sent to the editorial boardof YARS concerning its previous articles. One of the submitted polemics can be foundin YARS vol. 2(2). Much of the year 2009 was dedicated to a wide-spread promotion of YARS and tothe further development of the basic concepts for its following volumes. In particular, YEARBOOK of ANTITRUST and REGULATORY STUDIES
  3. 3. CARS Activity Report 2009 341it has become the priority of the editorial board to increase the number of economicarticles in the total number of papers published in YARS.2. Corporate Social Responsibility. Constitutional and International Perspective This book (ISBN: 978-83-61276-27-2) by Maciej Bernatt represents the fourthpublication issued in the framework of CARS’s publishing series Studies andMonographs on Antitrust and Regulation. It is the first comprehensive Polish study onthe concept of corporate social responsibility considered from the perspective of legalscience, focusing in particular on the constitutional and international standpoint. Thenorms of corporate social responsibility are analysed in the light of the Constitutionof the Republic of Poland as well as with reference to international legislation. Theauthor also refers to Corporate Social Responsibility in the context of competitionand consumer protection. The book is intended for academics, students, politicians,entrepreneurs, managers and representatives of NGOs and other leaders of civilsociety.IV. Research In co-operation with the State Enterprise ‘Polish Airports’ (PPL), CARS conductedin 2009 a research project on competition law and regulation in airport services.Many academics from the Faculty of Management of the University of Warsaw aswell as specialists from PPL participated in this project. Antitrust rules concerningthe provision of airport services were identified, presented and analyzed in light ofthe latest European case-law. Regulatory rules and their evolution between 1992/1993and 2009 were identified which stem from legal acts that have already been in forcefor a long time and those that have only recently been drafted. Special attention waspaid to the legal acts and draft legislation (as well as other documents, among themstudies carried out on request of the Commission) which are part of the so-called‘airport package’ adopted by the European Commission in January 2007. The researchproject covered the following aspects of airport functioning: (1) the rules on relevant market definition in airport services; (2) the antitrust context including: (a) the application of competition law to entities managing airports in the light of European and Polish case-law, (b) preventive merger control on the airport services market, (c) state aid issues; (3) the regulatory context including: (a) the distribution of traffic between airports, (b) airport charges, (c) ground-handling services, (d) environment protection/ noise; (4) the relationships between the ownership and management of airports covering the four biggest airports markets in the EU: Great Britain, Germany, Spain & Portugal (cumulatively) and France. The detailed research findings concerning all of the aforementioned problems canbe applied by all those engaged in the management of airports and/or the provisionVol. 2010, 3(3)
  4. 4. 342 ACTIVITIES OF CARSof airport services. The full research report is scheduled to be published in 2010in the form of a book entitled Airport Services in the European Union and Poland –competition law and airport regulations (Usługi portów lotniczych w Unii Europejskiej i wPolsce a prawo konkurencji i regulacje lotniskowe) edited by Filip Czernicki and TadeuszSkoczny. It will constitute the fifth publication of CARS’s “Studies and Monographson Antitrust and Regulatory” series.V. Training CARS also conducted in December 2009 a training course for the employees of amajor oil industry company. Its program included competition rules in the context ofparallel imports, distribution agreements and potential antitrust effects of informationexchange. Dr. Agata Jurkowska-Gomułka CARS Scientific Secretary YEARBOOK of ANTITRUST and REGULATORY STUDIES